Wednesday, May 27, 2009

I have to laugh every time I hear that the "recession may end sometime this year." A "recession" is a period of time when there is "a period of negative growth, usually during two consecutive quarters."

So when there is two consecutive quarters of growth, or no "negative" growth, we are technically out of a recession.

But this economy is done, for a while. A long while. It's comical but true that many people believe the "end of the recession" means that things will "go back" to the way they were.

They won't.

Life in America has changed, it's just waiting for people to catch up

Young lawyers need to catch up, quick.

Based on my unscientific study, i.e. reading things like the ABA Journal and talking to recent graduates, there are no jobs.

BigLaw is deferring start dates (read: here's some money because we feel bad we can't afford to actually hire you, and will officially kick you to the curb in a few months when we come to terms with reality), government agencies (prosecutor and public defender offices) are on extended hiring freezes, and small firms are picking up lawyers who have a "book of business" and don't need any training.

This is a terrible time to be graduating law school, and it is to those that I write this post.

The disillusionment must be painful. Those that actually went to law school due to some corny passion (that I had) to be a "lawyer," must be wondering what the hell you're going to do. Those that went to collect that $150,000 BigLaw salary at the end of the "rainbow" that you were "promised," well, you're having a different kind of pain.

To those that truly want to be "lawyers," meaning you want to represent clients, think about this: assume you won't get a job. If this is the case, what are you going to do? Sit home? Send out resumes? Hope?

How about making yourself available to a lawyer in the field you want to go in to? Make a list of the best lawyers in your desired field, meet them (find a way to meet them in a social setting) and offer yourself to work for them. Yes, for free. (BigLaw rejects please don't throw up on your monitor).

Do it for a month, two months. See where it gets you. Will the experience hurt your chances to get a job?

Exactly.

I mentioned this to a newly minted lawyer by saying "Find a lawyer, not a job." He responded by asking if I had any openings. Wrong response. None of these lawyers have any "openings." Create the opening.

Ever see "A Time to Kill?" If not, rent it, and watch the scene when Sandra Bullock is trying to latch on to a job working with Matthew McConaughey. She is relentless. It's exactly what I am talking about.

And to you BigLaws who are figuratively, or maybe literally thinking of who to sue for lack of receiving your entitled job churning billable hours? Go find a job selling Amway or Mary Kay. It was all about the money anyway, why concern yourself with how you make it?

Sunday, May 17, 2009

1. Clients are the best source of referrals. 2. Most referrals come from other attorneys. 3. Online legal directories produce a lot of referrals. 4. Formal networking is a great way to get more referrals.

After 15 years of building a practice by word of mouth, I will say this:

Stephen's right:

1. Clients are not the best source of referrals, but no one is better suited to talk about you as a lawyer - good, and bad.

2. Most referrals may come from other attorneys, if you have a certain type of practice. If not, remember that the recommendation of a peer, is as good as it gets.

3. Online legal directories do not produce a lot of referrals, but potential clients will go there to "check you out" after they receive your name.

4. Formal networking can be a great way to get more referrals, if you are doing formal networking to develop relationships, and not just pass out business cards.

Now here's how to give and get crappy referrals:

1. When asked for a referral to another lawyer, don't bother asking for details.

Clients will call and ask for a "top notch" real estate lawyer." Your lack of inquiry is met with a call from that "top notch" real estate lawyer asking why you referred him someone with no money who is getting evicted and is looking for some "pro bono" help.

2. Don't ask what the client means by "reasonably priced."

My definition of reasonably priced is this: $500. I believe every single person asking for a "reasonably priced" lawyer is looking to spend $500. So if you want to be known as that lawyer who always refers those $500 cases, never ask the client what they mean by "reasonably priced."

3. Never follow up.

You just got hired on a case. You just got a check for a few thousand dollars. Referring lawyer told you he didn't want a referral fee. Ever heard of a gift card? Wine? Lunch? That referring lawyer, knows 4 other lawyers who do what you do.

4. Don't educate lawyers who are referring you cases or ask about referring you cases.

There's nothing wrong with the following phrases: "I don't handle these types of cases;" "I'm not looking for people who have money issues;" "I'm happy to do payment plans, but they work like this......" "I do criminal defense, but not DUI;" "I do bankruptcy, but not personal bankruptcy, just corporate."

My favorite calls are "this guy called, but he has no money and I wasn't going to waste your time." Some people are just so eager to refer cases, they don't care about whether the lawyer is interested.

Tuesday, May 5, 2009

To let the public know that their stupidity is taken seriously, and because what looks stupid to you, may not look stupid to the Bar.

The problem is, "stupid bar complaints" are often met with "stupid lawyer responses."

When lawyers get "stupid bar complaints," they exhibit anger much more than those lawyers who get "serious bar complaints." A lawyer who knows they are in trouble is much easier to deal with than a lawyer who knows they've done nothing wrong, or at least thinks so.

"Stupid bar complaints" are usually dealth with by the Bar in exactly that fashion, it just takes time.

Less and less lawyers are receiving letters from the Bar informing them that a complaint was filed and summarily dismissed without the need for a response.

I believe state Bars have moved deeply into the "consumer protection" world, and I think it's wrong. Yes there are bad lawyers and Bars need to take swift and serious action, but Bars have moved their mission to focusing on public protection from lawyers, and it shows. If you look at the advertising rules, the prevailing theme is "people are stupid, lawyers are smart, and we must protect the stupid public from smart lawyers." This is why font size, colors, and specific words are sanctioned nationwide - people are too dumb to understand when a lawyer is "puffing," says the Bars. You can't say you're a great lawyer, because you may not be.

When you get a "stupid bar complaint," act as if it is not "stupid." Kill the ant with a hammer, but hammer on the Rules, not the complainant.